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Patna High Court

Raja KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Bail was granted to petitioner no.1 and denied to petitioner no.2.

Summary

Petitioners Raja Kumar and Rajan Kumar sought bail fearing arrest in a case registered under multiple offences of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The FIR alleged that petitioner no.2 repeatedly assaulted the informant's son with the butt of a pistol, while no specific overt act was alleged against petitioner no.1. The petitioners argued that the allegations were vague and that they had clean antecedents. The State opposed bail, citing the seriousness of the charges. The Court held that, in the absence of any specific allegation of an overt act against petitioner no.1, bail could be granted subject to conditions, whereas petitioner no.2, facing a specific allegation of repeated assault, was denied bail.

Issues considered

  • Whether bail should be granted to petitioner no.1 in the absence of a specific allegation of an overt act.
  • Whether bail should be denied to petitioner no.2 given the specific allegation of repeated assault.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • arms act
  • presumption of innocence
  • section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5511 of 2026
                   Arising Out of PS. Case No.-237 Year-2025 Thana- SAMASTIPUR MUFFASIL District-
                                                        Samastipur
                 ======================================================
           1.     Raja Kumar Son of Bhola Ray Resident of Village- Jitwarpur Dih PS-
                  Muffasil Dist -Samastipur
           2.    Rajan Kumar Son of Khirhar Ray Resident of Village- Jitwarpur Dih PS-
                 Muffasil Dist -Samastipur
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Anish Kumar, Advocate
                 For the Opposite Party/s :      Mr.Kumar Veerendra Narayan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-02-2026                    Heard learned counsel for the parties.
                                2. Petitioners apprehend arrest in a case registered for
                   the offence punishable under sections 126(2), 115(2), 109, 352,
                   351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
                   section 27 of the Arms Act.
                                3. As per FIR, petitioner no.2 repeatedly assaulted on
                   the head of son of the informant with butt of pistol.
                                4. Learned counsel appearing for the petitioners
                   submits that allegation of assault is general and omnibus and no
                   specific overt act has been alleged against these petitioners.
                   Petitioners claim clean antecedent.
                                5. Learned counsel for the State opposes the prayer
                   for bail.
                                6. Considering the fact that there is no allegation of
                   committing overt act against petitioner no.1, prayer for bail of
                   this petitioner is allowed. In the event of arrest/surrender within
                   a period of eight weeks from today, let this petitioner, named
                   above, be enlarged on bail on furnishing bail bond of
                   Rs.10,000/- (ten thousand) with two sureties of the like amount
               Patna High Court CR. MISC. No.5511 of 2026(2) dt.04-02-2026
                                                           2/2




                         each to the satisfaction of the Additional Chief Judicial
                         Magistrate II, Samastipur in Muffasil Police Station Case No.
                         237 of 2025, subject to the conditions laid down under section
                         482 Bharatiya Nagarik Suraksha Sanhita, 2023.
                                      7. There is specific allegation of repeated assault
                         against petitioner no.2, his prayer for bail is rejected.



                                               (Prabhat Kumar Singh, J)
shashi/-

U          T


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